So you’ve taken a plea in your case and your attorney has been able to get you a withhold of adjudication and you have successfully completed all of your probation, community service hours, and any other court imposed requirements successfully. Your lawyer, at the time of the plea, told you that if you successfully completed probation you would be eligible to get your record sealed and/or expunged. In order to get your record sealed and/or expunged, you must obtain a certificate of eligibility from the Florida Department of Law Enforcement. Once that certificate of eligibility has been obtained, a criminal defense attorney can file that certificate along with a motion to the court and get your criminal history sealed and/or expunged.
In order to get a record sealed, you must meet certain criteria outlined in Florida Statutes 943.0585 and 943.059. To be eligible to have your criminal history sealed and/or expunged you must have received a withhold of adjudication, you may never have had a prior seal and/or expungement, and that the offense you are trying to have sealed and/or expunged must not be an offense related to certain crimes. Those special enumerated crimes whether you receive a withhold or not, are not eligible for seal and/or expungement. A criminal defense attorney can tell you specifically which crimes are not eligible to be sealed and/or expunged. Some of the crimes include: sexual offenses, arson, kidnapping, homicide, robbery, burglary, and certain domestic crimes.
If you have any questions about whether you are eligible to have your record sealed and/or expunged you should have a criminal defense attorney guide you through the process. This can be done through a law firm relatively inexpensively. Having a motion to seal and/or expunge will give you back all of the rights you had prior to being arrested and charged for the crime you plead to. The sealing and/or expungement of one’s record virtually makes the record disappear.
Many people forget after they complete their probation to contact a criminal defense lawyer to take advantage of wiping the record clean of your arrest. Take advantage of this gift that the Florida statutes provide for.
If you have been charged with violating Florida laws, contact Galanter Law, a Miami Criminal defense attorney with over 30 years of experience. Galanter Law has helped countless clients avoid jail time, lessen their charges, or even have their charges dropped entirely. The Galanter Law Firm is experienced in:
Commentary by Miami Criminal Defense Lawyer Yale Galanter:
Yale Galanter, a Miami criminal defense lawyer, has over 30 years of experience providing discreet and aggressive legal counseling to both public figures and clients looking for precise and excellent legal defense. Yale Galanter is known for his personal representation and attention to your criminal matter.
If you find yourself facing a charge of drug possession, you do not have to face this alone. Contact an experienced drug defense attorney, call Galanter Law at (305)576-0244 or (954)524-6600, or visit galanterlaw.com.